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INSIDE: - Ontario College of Pharmacists

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him that he could not dispense the<br />

prescription because he was unable<br />

to read the fax. A sign by the entry<br />

station in the dispensary clearly and<br />

visibly informed patients that narcotic<br />

prescriptions must be verified<br />

prior to being dispensed. The Member<br />

suggested that the Complainant<br />

obtain a second, legible, prescription<br />

from the medical clinic adjacent<br />

to the pharmacy.<br />

After waiting an hour to see a<br />

physician at the clinic, in obvious<br />

discomfort, the patient was told by<br />

that doctor that he did not prescribe<br />

narcotics, and that he would have<br />

to incur additional time and<br />

for which the prescription was written<br />

was a controlled drug. When he<br />

was unable to reach the physician,<br />

he faxed a copy <strong>of</strong> the faxed prescription<br />

back to the physician’s<br />

<strong>of</strong>fice, but did not receive any reply.<br />

Later that evening, the Complainant<br />

returned to the pharmacy<br />

and presented the Member with the<br />

original paper prescription – the<br />

same one that had been faxed earlier<br />

in the day, only this time it bore<br />

the name <strong>of</strong> the medication in large<br />

printed letters at the bottom (PER-<br />

COCET ® ). Since the Member was<br />

still suspicious <strong>of</strong> the prescription,<br />

again he refused to dispense it until<br />

arrest the Complainant. Nonetheless,<br />

the police <strong>of</strong>ficer confiscated<br />

the faxed prescription, and told the<br />

Complainant that he would have to<br />

go back to his doctor the following<br />

day. The patient was subsequently<br />

left with no pain management medication.<br />

This incident had serious repercussions<br />

for the Complainant. His<br />

business suffered as a result <strong>of</strong> the<br />

negative effects <strong>of</strong> the incident on<br />

his reputation. Furthermore, the<br />

police contacted the Children’s Aid<br />

Society, on the suspicion that the<br />

Complainant and his wife were drug<br />

addicts.<br />

... while being guarded and vigilant regarding<br />

possible forgeries, Members ought to remain<br />

equally open to the possibility <strong>of</strong> authenticity.<br />

expense to get back to the hospital<br />

to have the original prescribing<br />

physician verify the prescription.<br />

After waiting an hour, the Complainant<br />

travelled with his wife and<br />

daughter to Sunnybrook Hospital,<br />

where he caught the prescribing<br />

physician at the end <strong>of</strong> his shift.<br />

The physician signed and initialled<br />

the original faxed prescription<br />

again, and commented that the<br />

Member ought to have called his<br />

<strong>of</strong>fice for verification.<br />

In fact, only after the patient had<br />

left the pharmacy did the Member<br />

attempt to call the prescribing physician,<br />

assuming that the medication<br />

he could speak to the prescribing<br />

physician the following day.<br />

Furthermore, as he did not<br />

believe that the signature on the<br />

prescription was that <strong>of</strong> the prescribing<br />

physician, the Member<br />

called the police. The Complainant<br />

waited with the Member for half an<br />

hour until the police arrived. Upon<br />

arrival, the police <strong>of</strong>ficer interviewed<br />

all <strong>of</strong> the parties involved.<br />

The hospital staff confirmed to the<br />

police <strong>of</strong>ficer that the Complainant<br />

had attended there that day, and<br />

this detail, coupled with the sling<br />

on the Complainant’s shoulder and<br />

arm, convinced the police not to<br />

The Decision and Reasons<br />

While the Committee noted that<br />

the prescription was ultimately<br />

shown to be authentic, it considered<br />

the faxed copy <strong>of</strong> it and<br />

agreed that it was illegible. It noted<br />

that the patient did not have a long<br />

history <strong>of</strong> prescriptions from that<br />

particular doctor, and that there was<br />

no one available to verify the prescription<br />

when the pharmacist<br />

finally called the doctor’s <strong>of</strong>fice.<br />

Given these facts, the Committee<br />

did not fault the Member for his<br />

refusal to dispense the prescription.<br />

However, the Committee noted<br />

that there were facts in this case<br />

that could have been considered by<br />

the Member in the exercise <strong>of</strong> pr<strong>of</strong>essional<br />

judgment and in consideration<br />

<strong>of</strong> the patient’s wellbeing.<br />

The fax came directly from Sunnybrook<br />

Hospital -- a well-known<br />

32<br />

Pharmacy Connection January • February 2007

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